What are the types of I-601 waivers available?
Waivers are needed when either USCIS or Dept. Of State determines that a person is not qualified to be granted Lawful Permanent Residency.
A waiver packet that meets the legal requirements will be different in every case and will depend on individual circumstances. It is important to hire an attorney who can help you present the strongest arguments for your case and prepare a compelling packet of evidence in favor of a waiver. Our office has substantial experience and over ten years of winning waivers.
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If an individual has committed a crime this can render them inadmissible, which means if someone does not have Permanent Residency but is otherwise eligible, they could be considered inadmissible and disqualified from being granted a green card due to having committed a crime in the past. This type of waiver is available to those who can show extreme hardship to a qualifying relative of a US spouse, parent or child, or hardship to themselves providing the crime occurred more than 15 years ago.
Waivers are available under certain circumstances to those who were convicted of marijuana possession. This type of waiver is available to those who can show extreme hardship to a qualifying relative of a US spouse, parent, or child.
Those who have previously misrepresented certain facts to the U.S. immigration or Consular authorities, are deemed inadmissible but may apply for a waiver based on extreme hardship to qualifying relatives of a U.S. spouse or a U.S. parent.
If an individual knowingly encouraged, induced, assisted, abetted, or aided a person to enter or try to enter the U.S., he or she is deportable. But in certain circumstances, a person who has engaged in alien smuggling might be eligible for a waiver of inadmissibility, allowing the person to go forward with an application for an immigration benefit or to avoid deportation (removal). First, the person must be a lawful permanent resident or must be applying for a family-based immigrant visa or fiancé visa. This means that the waiver is not available for any other type of petition, such as one for an employment-based visa, a student visa, or a visitors' visa. Second, the person can apply for a waiver if the individual they helped bring to the United States was his or her spouse, parent, son, or daughter at the time of entry. The person cannot apply for a waiver if he or she helped smuggle anyone who isn't on this list of family members. In the case of a spouse, a person may still apply for the waiver even if the couple ended up divorcing after the smuggling took place. Third, the person must prove that he or she deserves the waiver, either for humanitarian purposes, to assure family unity, or because it is otherwise in the public interest.
Those who have arrived illegally or remained here beyond their initial visas can be subject to what is generally known as 3-year/10-year bar. Once they leave the United States, they will be subject to either a 3 year or a 10-year bar from returning, unless a waiver has been approved in their case. Applicant must prove there is a U.S. spouse or parent who will suffer extreme hardship as well as proving the applicant merits a favorable exercise of discretion by showing good moral character.